Legal action is being taken by the family of a man who was shot and killed on a La Mirada roof by an LAPD-FBI task force last week, according to the family’s attorney.
At the time of the shooting, police said the suspect, wanted in connection with a double murder, fired a weapon at officers, prompting them to respond.
But investigators did not find a weapon at the scene nor on 27-year-old Frank Martinez’s person, LAPD Sgt. Mitzi Fierro said Wednesday.
Now, Martinez’s parents plan to file a wrongful death suit against the Los Angeles Police Department.
"Officers said they shot at him first, that turned out to be a lie," said Frederico Sayre, the attorney representing Martinez’s family. "Unfortunately, that’s not uncommon."
Martinez’s parents and his pregnant girlfriend approached Sayre when they learned that investigators confirmed their son did not have a weapon, and their lawyer believes that’s enough to prove Martinez was killed without justification.
"They made the assumption that because he is wanted, he is guilty," Sayre said.
Officers attempted to serve a warrant on March 1 to a La Mirada residence where they knew Martinez was, Fierro said.
Local
Get Los Angeles's latest local news on crime, entertainment, weather, schools, COVID, cost of living and more. Here's your go-to source for today's LA news.
When people inside the home walked out the front door, Martinez slipped out the back and onto the roof.
Martinez, a registered gang member, reportedly used his index finger and thumb to simulate a pointed gun, aiming his hand at the officers below, Fierro said. That’s when three LAPD officers and one FBI agent fired on the man, killing him.
LAPD blamed the fluidity of the situation for the conflicting reports, which first noted Martinez fired a round and were then changed to the suspect making a silent hand motion.
Officers were "armed with information that (Martinez) was a double murder suspect and that he was uncooperative and really not complying with any orders," Fierro said.
Because the case is so fresh, Sayre said his team has not yet completed the first step, which is to file a governmental claim within six months of the incident.
Sayre, who also represented Rodney King, specializes in civil rights cases, particularly those involving police.
He is currently involved in two cases against Anaheim police and LAPD in San Pedtro, Sayre said.
Follow NBCLA for the latest LA news, events and entertainment: Twitter: @NBCLA // Facebook: NBCLA
